Tenant's Default Excused

May 31, 1995

LVT Number: 9759

Landlord sued to evict tenant. Landlord and tenant signed a stipulation in court calling for eviction if the terms weren't met. When tenant defaulted on the terms of the stipulation, tenant was evicted. Tenant then asked the court to vacate the default. The court did so and landlord appealed. The appeals court ruled against landlord. Since tenant's default under the stipulation was minor, the court didn't abuse its discretion by restoring tenant to possession.

Landlord sued to evict tenant. Landlord and tenant signed a stipulation in court calling for eviction if the terms weren't met. When tenant defaulted on the terms of the stipulation, tenant was evicted. Tenant then asked the court to vacate the default. The court did so and landlord appealed. The appeals court ruled against landlord. Since tenant's default under the stipulation was minor, the court didn't abuse its discretion by restoring tenant to possession.

Ocean Realty Associates v. Mitchell: NYLJ,p. 30, col. 1 (5/22/95) (App. T. 2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)

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